The Anatomy of a Medical Malpractice Trial

The Anatomy of a Medical Malpractice Trial

Posted By
Hastings, Cohan & Walsh, LLP

If the parties cannot settle their medical malpractice, hospital malpractice or doctor malpractice case after a pretrial conference, a judge will set the case down for a trial date. The trial process attempts to ensure that both plaintiff and defendant receive a fair trial.

The first step in any jury trial is to pick the jury! The selection process, known as voir dire, occurs in the courthouse, sometimes before the judge and always with opposing counsel present. The attorneys advise the jury pool of the lawyers they practice with and their potential witnesses to see if anyone has any prior knowledge of or experience with any of the named parties. After determining if there are any conflicts regarding witnesses, the attorneys will then ask the potential jurors questions in order to ascertain whether they can serve as unbiased interpreters of the facts.

Each attorney has a number of “preemptive challenges,” whereby a potential juror may be removed from a case without demonstration of cause. Additionally, each attorney may seek to have a juror removed for cause. Do not hesitate to contact us with any questions.